When Justice Delayed Becomes Justice Denied: An HR Reflection

A distressed employee after termination

During a recent recruitment interview, I met an applicant bearing a heavy burden from her past employment nearly a decade ago. She was accused of a company offense she did not commit. The company filed a civil case against her, but ironically, the employer never showed up in court, leading to the case’s dismissal. She has a certificate proving her innocence, yet the ordeal left her deeply traumatized.

What compounded her hardship was the company’s apparent strategy to use the legal case as a shield from potential liability in the National Labor Relations Commission (NLRC), where illegal dismissal cases are adjudicated. This move not only prolonged her suffering but also cast a long shadow over her career prospects, as prospective employers remain wary of the old accusation during background checks.

Adding to the tragedy, she missed the critical window for filing a constructive dismissal complaint. Philippine labor law mandates that illegal or constructive dismissal claims be filed within four years from the dismissal date. Since nearly ten years have passed, she no longer has legal recourse to contest her dismissal or claim damages.

What Should HR Take Away from This?

This real-life experience serves as a powerful reminder that beyond policies and procedures, HR must prioritize empathy, timely action, and clear communication to truly support employees and uphold justice in the workplace.

The Need for Transparent and Compassionate Processes

Accusations, even if unfounded, can scar a person’s professional and personal life. HR must ensure investigations are fair, timely, and that employees are kept informed and supported throughout the process. Proper documentation such as clearance certificates must be issued promptly.

Empowering Employees through Education

Many employees are unaware of the strict time limits for asserting their rights under labor law. HR has a duty to educate employees on these matters, enabling timely action and reducing vulnerability. However, HR professionals employed within the same organization may face limitations in providing such advice impartially or fully, due to potential conflicts of interest.

From my own experience advising an employee (as an outsider) how to act accordingly against her organization—who sought my assistance regarding similar issues and threats of a civil case—I encouraged her to pursue the matter at DOLE/NLRC. She heeded the advice, successfully reached an agreement, and avoided further civil suit threats from her former employer. This highlights the valuable role external advocates or consultants can play where internal HR support is constrained.

Guarding Against Misuse of Legal Actions

Employers must weigh the long-term repercussions of using litigation as a deterrent or avoidance tactic. Such practices can backfire, damaging trust and the company’s reputation.

Advising Employers on Proper Protocols

One of HR’s key roles is advising management on the correct procedures when dealing with disciplinary issues or employee complaints. Following due process and abiding by established labor regulations can help prevent legal complications and protect both the employee's and company’s interests.

Knowing HR’s Boundaries

As HR practitioners, while our role includes protecting company interests as part of management, we must also remind and guide employers to comply with labor laws to avoid future liabilities.

However, HR’s authority has limits: we do not serve as legal counsel or replace the functions of labor courts or commissions. Complex legal cases, especially those involving claims beyond HR’s administrative scope, require intervention by legal professionals and government agencies like the NLRC and DOLE. Understanding these boundaries ensures that HR effectively supports lawful and ethical workplace practices without overstepping its mandate.

This experience is a sobering reminder for HR professionals to foster workplaces where justice, transparency, and support guide all disciplinary and legal matters. It stresses the importance of timely action from both employees and employers to avoid lingering, unresolved disputes that impair lives and careers.

Promoting Early Conflict Resolution

Resolving disputes through dialogue and mediation prevents escalation and fosters a healthier work environment.

Balancing organizational goals with justice and respect for employees’ rights is a critical task for HR. This story is a call to action for HR professionals to champion fairness proactively rather than reactively, safeguarding both employee well-being and company integrity.

Question:

How can HR professionals better balance protecting organizational interests with ensuring timely justice and meaningful support for employees facing difficult challenges?

About Me:

Joseline M. Alosbaños, known as the HR Carousel Ringmistress, is a Philippine-based Certified HR Practitioner with over twenty years of experience in Human Resources Management. Her extensive career spans various sectors, including corporate, freelancing, and consulting, equipping her with a wide range of skills. Joseline excels in employee relations, talent acquisition, total rewards management, HR operations, and organizational development, successfully implementing HR strategies that align with business objectives and promote a positive workplace atmosphere. If you require my services, feel free to contact me at joyce.alosbanos@gmail.com.